Tuesday, July 15, 2014

USCIS July Processing Time Reports

From Council for Global Immigration, 07/15/2014

USCIS has issued updated processing time reports for the month of July, which show processing times as of May 31, 2014 for the Vermont Service Center (VSC), California Service Center (CSC), Texas Service Center (TSC), Nebraska Service Center (NSC) and the National Benefits Center (NBC).

As of the end of May, all categories of H-1Bs were reported as being processed in 2 months at both CSC and VSC.  As a reminder, processing of premium processing cases did not begin until April 28, and processing of regularly filed H-1B cap cases did not begin until after that.  The 2 month processing times should not be taken as any indication of how quickly cap cases will be processed – we expect that processing times will be similar to last year for cap cases when some cases were not processed until very close to, or after, the October 1 start date for H-1B cap hires.

CSC and VSC both continue to indicate the standard processing times for L visas, with standard L visas being processed in one month and Blanket Ls in two months. 

There is now a backlog of EB-1 extraordinary ability cases at NSC, with a processing date of January 2, 2014 – a processing time of nearly 5 months.  All other I-140s continue to be processed in 4 months at NSC and TSC. For employment-based adjustments of status, NSC is processing I-485s in 4 months, but there continues to be a backlog at TSC, with a processing date of December 28, 2013 - a processing time of over five months.

Advance parole and employment authorization forms continue to be processed in 3 months at NBC.

Please click here to access the processing times for the VSC, CSC, TSC, NSC, and the NBC.

Friday, July 11, 2014

August 2014 Visa Bulletin

From Fragomen.com, 07/08/2014

EB-3 China and EB-2 India To Advance

According to the State Department’s August Visa Bulletin, the priority date cut-off for EB-3 China will advance by more than two years, to November 1, 2008, after the dramatic retrogression that took place in June. EB-2 India will move ahead by nearly five months, to January 22, 2009, continuing an advancement that began this month. 

EB-3 Philippines will advance by 17 months, to June 1, 2010, while EB-3 India will move ahead just one week, to November 8, 2003. For all other countries, EB-3 will remain at April 1, 2011. 

The State Department projects that EB-3 China could advance further in September, due to decreasing demand and the application of unused family-based immigrant visas. EB-2 India is not projected to advance further, and in fact could be retrogressed within the next several months, when demand is expected to increase. 

August 2014 Priority Date Cut-Offs 
In August 2014, EB immigrant visa priority date cut-offs will be: 

EB-1 
Current for all countries. 

EB-2 
China: October 8, 2009 
India: January 22, 2009 
All other countries: Current 

EB-3 Professionals and Skilled Workers 
China: November 1, 2008 
India: November 8, 2003 
Philippines: June 1, 2010 
All other countries: April 1, 2011 

EB-3 Other Workers 
China: July 22, 2005 
India: November 8, 2003 
Philippines: June 1, 2010 
All other countries: April 1, 2011 

EB-5 
Current for all countries and subcategories. 

Friday, June 27, 2014

Notification Required for Russian Citizens Residing Overseas

From Fragomen.com, 06/18/2014


Russian citizens will be required to notify the Federal Migration Service (FMS) if they obtain a residence permit or citizenship overseas, effective August 4, 2014. 

The notification requirement will apply to all Russian citizens, including those living in Russia and abroad, except those who demonstrate that they will permanently reside abroad by either obtaining a de-registration stamp in their Russian passport or by confirming their address abroad as their formal address (using a document known as Listok Ubitia). 

Russian citizens will complete the required notification using a prescribed form, which must be submitted to the FMS office with jurisdiction over the individual’s place of official registration in Russia. 

Russian citizens who fail to notify the FMS within 60 days of obtaining a residence permit or citizenship in another country will be subject to criminal fines between RUB 200,000 and one-year’s salary and up to 400 hours of compulsory labor. Administrative fines between RUB 500-1,000 may be imposed for paperwork violations. 

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From Federal Migration Service, 05/28/2014

The Federation Council approved a bill requiring report on dual citizenship

Law "On Amending the Federal Law" On Citizenship of the Russian Federation "and Certain Legislative Acts of the Russian Federation" establishes the obligation of a citizen of the Russian Federation to report the presence of his foreign citizenship or the right of permanent residence in a foreign country. Russians will have to notify the Federal Migration Service of this within 60 days from the date of acquisition of another citizenship. The same period (from the date of entry into force of the Federal Law) is set for those who have acquired citizenship of another state, or the right of permanent residence in a foreign country before.
Notice of the established sample served personally to the territorial subdivision FMS of Russia or sent by mail.
For late submission of evidence of citizenship or other document confirming the right of permanent residence in a foreign country, or providing incomplete information administrative responsibility fines of up to 1 thousand rubles.
Not filed a notice face criminal liable to a fine of up to 200 thousand rubles, or compulsory labor for up to 400 hours.
This innovation will not affect those who reside outside of Russia.*
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*This conflicts with the report from Fragomen.com